CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The US FAA issued AD 2000-02-10 affecting Boeing B747 series aircraft, in 2000. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow an alternate means of compliance. The amended AD, AD/B747/220 Amendment 1, will become effective on 12 February 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing gaps in existing legislation to ensure the safety of air navigation. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, and under section 98, the Civil Aviation Safety Regulations 1998 were established. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to comply with international obligations and maintain safety standards.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under the authority conferred by section 98 of the Act, CASA issues ADs to ensure the continuing airworthiness of aircraft and aeronautical products, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. These directives apply to specific kinds of aircraft or aeronautical products and are designed to address safety issues that may arise over the operational life of an aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that CASA can issue ADs, which are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901. This legislative process ensures that the ADs align with the overarching aim of enhancing air navigation safety as mandated by the Civil Aviation Act 1988. Notably, ADs issued by CASA are in response to directives from the State of Design or other international authorities and thus do not require public consultation or a Regulatory Impact Statement. The ADs are issued under the authority of the acting Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to establish regulations that serve the Act's purpose and the safety of air navigation. Within the scope of this Act, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is categorised as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under the obligations set forth by Annex 8 of the Convention on International Civil Aviation, the State of Design assumes overall responsibility for an aircraft type's continuing airworthiness, with a duty to provide necessary information to ensure such airworthiness to the States of Registry. Correspondingly, the State of Registry must establish or adopt requisites to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD against an aircraft type registered in Australia, CASA, as the national airworthiness authority, is required to review this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. In response to a request from the industry, CASA has amended the equivalent Australian AD for Boeing B747 series aircraft, allowing an alternate means of compliance.
Failure to comply with ADs can result in various legal consequences. Under section 84A(2) of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The Act does not specify maximum penalties for such breaches, but contraventions may result in enforcement actions, fines, or other civil or criminal penalties as deemed appropriate by CASA or a court. Additionally, continued operation of an aircraft that does not comply with an AD can lead to the grounding of the aircraft until compliance is achieved, potentially resulting in significant operational disruptions and financial implications for the operator.